Grandparents Rights

Published on: October 5, 2024

Grandparents denied custody where foster parents sought to adopt. Carter v. Admin. for Children’s Servs., 176 A.D.3d 696 (N.Y. App. Div. 2019)

by Stephen Bilkis

When parents lose custody of their children, the goal of the Administration for Children’s Services (ACS) is always to permanently place the children in stable family environment. While reunification with bio parents is the best case scenario, adoption is also a positive outcome. Carter v. Admin. for Children’s Servs., 176 A.D.3d 696 (N.Y. App. Div. 2019) involves a custody dispute concerning a child removed from his mother’s care after her arrest. The maternal grandparents, residing in Maine, sought custody of the child, but their petition was dismissed after the mother surrendered her parental rights. The child was then placed for adoption with a foster family.

Background Facts

In January 2016, ACS removed a seven-month-old child from his mother’s care following her arrest for prostitution and child endangerment. After the removal, the child was placed in a nonkinship foster family. The mother faced a neglect proceeding in Family Court, which resulted in a finding of neglect against her. The finding was entered without her admission of neglect but with her consent.

Published on: August 21, 2024

Celinda JJ. v. Adrian JJ. 2021 N.Y. Slip Op. 5900 (N.Y. Sup. Ct. 2021)

by Stephen Bilkis

When it comes to whether a parent will be permitted to relocate with a child, the court will make a determination as to to whether it is in the best interests of the child. While the case can become more complicated where a parent is incarcerated and grandparents oppose relocation, the inquiry is the same: What is the in best interests of the child.

Background Facts

Celinda JJ. v. Adrian JJ. 2021 N.Y. Slip Op. 5900 (N.Y. Sup. Ct. 2021) involves a mother and father with four children. The father was convicted of rape against the mother and another female, resulting in a 15-year prison sentence. Seeking permission to relocate to South Carolina, the mother initiated legal proceedings. In a separate case, the paternal grandmother’s request for custody and visitation was denied, granting the mother sole legal and primary physical custody. A hearing was set to consider the relocation petition.

Published on: May 8, 2024

Whether grandparents should be given court-ordered visitation rights. Va. HH. v. Elijah, 211 A.D.3d 1201 (N.Y. App. Div. 2022)

by Stephen Bilkis

Va. HH. v. Elijah, 211 A.D.3d 1201 (N.Y. App. Div. 2022) involves an appeal from a Family Court order regarding visitation rights between the grandparents and the children of divorced parents. In New York, grandparents may seek visitation rights with their grandchildren under certain circumstances. The law acknowledges the importance of maintaining family relationships and allows grandparents to petition for visitation if they can demonstrate a sufficient existing relationship with their grandchildren or make efforts to establish one. This typically involves showing that the parents have frustrated the grandparent-grandchild relationship or that efforts to foster such a relationship have been made. Grandparents must prove that the court’s intervention is warranted in the best interests of the child.

However, obtaining visitation rights as a grandparent can be challenging. Courts prioritize the rights of fit parents and presume that their decisions align with the child’s best interests. Therefore, grandparents must overcome this presumption by providing compelling evidence that visitation with them would benefit the child and enhance their overall well-being.

Factors considered by the court include the nature and quality of the grandparent-grandchild relationship, the ability of the grandparents to nurture the child, and the reasons for any objections raised by the parents. Additionally, the court may take into account the child’s preferences and the recommendations of any attorneys appointed to represent the child’s interests.

Published on: April 3, 2024

Court considered whether to change the goal for placement of the child from adoption to guardianship. Rebecca B. v. Michael B. 152 A.D.3d 675 (N.Y. App. Div. 2017)

by Stephen Bilkis

In New York Family Court, a permanency hearing is a legal proceeding designed to determine the long-term plan for children who have been removed from their homes due to abuse, neglect, or other circumstances endangering their well-being. These hearings aim to establish a stable and secure environment for the children involved.

During a permanency hearing, the court reviews the progress and circumstances of the child, the child’s family, and any involved agencies since the child’s placement into foster care. It evaluates various factors, including the child’s safety, well-being, and the efforts made towards family reunification or alternative permanency goals, such as adoption or guardianship.

The hearing allows all parties, including the child’s biological parents, foster parents, legal guardians, and representatives from child welfare agencies, to present evidence, testimony, and recommendations regarding the child’s future placement and care. The court considers the child’s best interests as paramount in making its decision.

Published on: February 5, 2024

Court denied grandmother visitation because she lacked relationship with the child. E.O. v. J.K., 2023 N.Y. Slip Op. 50101 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

In the case of In re Danna T., the Suffolk County Family Court deliberated over a petition filed by E.O., the maternal grandmother of G.D., seeking visitation rights. The petition stemmed from E.O.’s desire to reconnect with her granddaughter, G.D., who she had not seen in several years. The court proceedings, which spanned multiple days, involved testimonies from both E.O. and the child’s mother, J.K.

Background Facts

E.O. filed the petition in February 2022, citing her standing as the grandmother of G.D. due to the death of the child’s father. The court heard conflicting testimonies regarding the nature of E.O.’s relationship with G.D. and the circumstances surrounding her absence from the child’s life. E.O. alleged that G.D.’s mother, J.K., had cut off contact between them, while J.K. argued that E.O. had made minimal effort to maintain a relationship with the child.

Published on: February 1, 2012

Court Rules on Grandparent Visitation

by Stephen Bilkis

Many families truly honor the presence of grandparents who play a large role too in influencing the younger ones in each family. Besides, there would not be any grandparents day if there are not important, right? However, it might surprise you that there are lots of child visitation rights tackled by a reliable New York family lawyer which include grandparents fighting for their rights to see their grandchildren especially if one of the parents have already passed away. In this case, both parents have not died but are separated instead. This involved the appeal of the maternal grandmother of the child by the name of Mona Chapin against the father Jason Forbes.

The grandmother was first allowed to visit her grandchild of one week during the summer season and about five weekends in a year. But according to a Nassau County Child Support Lawyer everything changed when the father of the child started to remarry. After this second wedding, the court found out that he and his new wife are depriving already the visitation rights of the grandmother in the middle part of 2002. In 2003, the mother of the child agreed to give full parental rights and even allowed the stepmother to adopt her own son. But all these decisions were not relayed to the grandmother involved.

When the grandmother knew about the adoption plan, she filed contempt against the father for the shortcoming of not informing her and this according to a Nassau County Family Lawyer. When the general master reviewed the role of the grandmother, they discovered that she was consistent then of fulfilling her visitation rights and that the father truly had a mistake in that point of not informing her. This case then was decided to base it all on whichever would be for the best interest of the child.

Published on: January 26, 2012

Court Rules on Grandparent Rights Issue

by Stephen Bilkis

In a relationship that ended in June 1991, Tommie Granville and Brad Troxel had two daughters, Isabelle and Natalie. The two never married, mentioned a New York Family Lawyer. Jenifer Troxel and Gary Troxel are Brad’s parents, making them the paternal grandparents of Isabelle and Natalie. Even after the separation and since Brad lived with his parents, he had taken his kids at his house over the weekend to visit. In May 1993, Bad had committed suicide, ending his life. After the death of their son, Mr. and Mrs. Troxel still saw their grandchildren regularly. By October 1993, Ms. Granville told them that she wanted to limit their visit to her daughters to just one short visit per month.

It was December 1993 when Mr. and Mrs. Troxel filed a petition to get visitation to their granddaughters. What they asked for was two weekends of overnight visitation per month and two weeks of visitation each summer. Ms. Granville said she was not against them visiting her children, but the length of the visits and how often is the one that she wanted to limit. A Nassau County Family Lawyer said, Ms. Granville wanted the visit to be once a month only and just for the whole day with no overnight visits. The Superior Court issued an order for visitation one weekend per month, one week during the summer, and four hours on both petitioning grandparents’ birthdays.

Ms. Granville, at this time already married to Kelly Wynn, filed an appeal with the court. The Court of Appeals sent the appeal back to the Superior Court. Their decision was that the visits were beneficial to the children, Isabelle and Natalie. They considered the standing of Mr. and Mrs. Troxel as part of a large, central, loving family, in an area that will give the children access to their cousins and music. They said that the children should also spend time with their step father’s six other children with their mother and step father.

Published on: January 22, 2012

Court Rules on Grandparent Adoption Case

by Stephen Bilkis

A couple got married and had one child. Unfortunately, the father died, and the paternal grandparents were granted visitation rights in the final judgment of dissolution. December of the same year, in a hearing that was rescheduled, with the mother properly notified, the court gave the paternal grandparents a right to take their visitation at the mother’s current address. The mother did not appear in court for this, according to a New York Family Lawyer. The paternal grandparents, were not able to find the mother at the child in the address. January of the following year, the grandparents filed a motion for contempt with the court against the mother. The hearing was scheduled for March of that year.

The maternal grandparents filed a petition with a different county court for the adoption of their grandchild. This was filed four days before the scheduled hearing for contempt in the original court. From what a Nassau County Family Lawyer found out, the maternal grandparents presented a signed consent from the mother. The mother did not appear in the rescheduled hearing for contempt, so a warrant of arrest was issued by the court. The following month, the mother contact the paternal grandparents. They agreed to a visitation schedule so the arrest warrant was withdrawn. The hearing was set for May 26 and the mother said the visitation could start in July.

At the hearing in May 26, reported a Nassau County Child Support Lawyer, all parties attended and the court granted the request of the mother to have the visitation start in July. The court was not aware of the adoption petition in the second court. The following day, the second court heard the petition for adoption, with them unaware as well of the hearing in the original court the day before. It was in June that the paternal grandparents were notified of the adoption. They filed another contempt motion and a petition to restrict the removal of the minor child from their county. The adoption petition was vacated, as well by the court. The motion of the paternal grandparents was granted.

Published on: January 20, 2012

Court Rules on Grandparent Visitation

by Stephen Bilkis

A mother was awarded custody her son, when the couple divorced. The boy was only two years old at that time. Less than a year later, the mother died. The father immediately assumed custody of their son less than a month after her death. He filed a petition to change the decree to give him custody and this was granted about three months after, said a New York Family Lawyer. The order showed he had already remarried, and that he allows visitation for the maternal grandmother, with his child.

When the grandmother received the child for a visit, she asked a different court to award her temporary custody of the child. This was granted by the court and there was no order from the previous court to transfer jurisdiction to them. According to a New York City Custody Lawyer, a hearing took place to hear the father’s side. After the review and the testimony of the father, the custody was given to the father, and the court ordered that the child be delivered to him. Visitation was not included in the ruling.

The grandmother filed a motion to modify the divorce decree about a year later so she could have visitation rights. The court granted her those rights and said she can have the child for thirty hours a week in her home or anywhere else. If the parties are unable to agree on the schedule, it was set to be from noon on Saturdays until six in the evening on Sundays. A New York City Visitation Lawyer mentioned as well that the court instructed both parties not to take the child outside their jurisdiction without their approval. Another two years passed before the grandmother filed another motion with the court against the father for contempt. She claimed that the father denied her visitation for the second week of February that year. In her petition, she said he announced his intention to deny her visitation in the future.

Published on: October 3, 2011

Supreme Court ruling allows grandparents custody rights

by Stephen Bilkis

 The Supreme Court in South Dakota has ruled in favor of grandparents being granted parental custody of their grandchildren, said a NY Family Lawyer. This ruling is being seen as a victory for children whose parents are seen as unfit because it gives the children a chance to have a stable family life with grandparents or other people who love them instead of being thrust into foster care with strangers.   The Family Lawyer in NYC mentioned that in such circumstances, a judge will rule in favor of the grandparents or others who know the child if it has been deemed that the biological parents are not capable of providing basic needs, like food, shelter and clothing. This comes as great news to grandparents and other relatives who do not want to see the children taken out of the context of their family because of the ineptitude of the parents.   According to the Lawyer, it makes sense to allow the children to be raised by family members who are not their parents because it gives them stability in knowing that they are valued members of their family and that even though their biological parents may have been facing unforeseen circumstances that has labeled them unfit, they can continue to be appreciated and nurtured within the larger family unit that they have come to know.   Reports received by the courts in New York City and Long Island suggest that drug and alcohol abuse can contribute to a biological parent losing custody of their children, as con domestic violence. Extenuating circumstances such as homelessness can also be cases in which another family member might win custody of the child if it is seen as being a solution that offers the child a better quality of life and stability.   Determining custody and parental rights can be stressful and emotionally devastating, especially when one does not know all of the options available in such a situation.

A New York Family Attorney can help ease the struggle and pain in situations where the needs of the child must be taken into consideration. A reputable New York Family Attorney will represent you fairly, honestly and accurately. The firm of Stephen Bilkis & Associates with convenient locations thorughout the Metropolitan Area, including servicing Tribeca, NY City, can be of invaluable assistance to you if you find yourself a party to a case. Facing the Court without professional representation could lead to disastrous results.